Long Reads: Israel's Triple Jeopardy w/ John Reynolds
Jul 25, 2024
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Expert in international law and politics, John Reynolds discusses Israel's challenges in the international legal system, from the ICJ ruling on occupation to ICC arrest warrants for Israeli leaders. Topics include ICJ decisions on Gaza, West Bank, and East Jerusalem, Palestinian state rejection by Israeli parliament, legal proceedings at the ICJ, ICC actions, and debates on accountability between Israel and Hamas.
The ICJ ruling on Israel's occupation condemns settlement policy and excessive force, urging third states to reassess relations.
Historical advisory opinions have influenced movements like BDS, emphasizing civil society action when states fail to uphold international law.
ICC's jurisdiction over Palestine faces interference, delaying potential actions against accused officials and highlighting power dynamics.
Deep dives
Implications of the International Court of Justice's Ruling on Israel's Occupation
The International Court of Justice issued a landmark ruling on Israel's occupation of Gaza, the West Bank, and East Jerusalem, stating that Israel's acts are not temporary and violate international law. The ruling condemns Israel's settlement policy, excessive use of force, and failure to prevent attacks on Palestinians, highlighting obligations for third states to reassess their relations with Israel.
Historical Context of International Legal Actions Against Israel
The podcast delves into the historical background of previous advisory opinions, like the 2004 ruling on the Israeli wall in the West Bank. The opinions have laid the foundation for movements like the BDS (Boycott, Divestment, Sanctions) movement that emerged based on the need for civil society action when states fail to enforce international law.
Significance of the International Criminal Court's Involvement
The International Criminal Court's request for arrest warrants for Israeli officials, along with figures from Hamas, raises complex issues. The court's jurisdiction over Palestine allows it to investigate international crimes, even amidst interference attempts by countries like the US, UK, and Germany.
Challenges Faced Within the Legal Processes
Interference from Western allies, such as UK's jurisdictional challenge, and reports of Israeli spying on ICC officials, underscore the challenges faced within the legal processes. These disruptions delay potential actions against those accused of war crimes, adding layers of complexity and resistance to the pursuit of justice.
Impact and Implications of Legal Actions
The legal actions against Israel, the responses from Western governments, and the broader international context reveal a complex landscape of power dynamics, legal maneuvering, and resistance to accountability within the realm of international law. The podcast sheds light on the intricacies and implications of seeking justice for crimes committed in the context of the Israeli-Palestinian conflict.
Last week, the International Court of Justice issued a landmark ruling on the status of Israel’s occupation of Gaza, the West Bank, and East Jerusalem. Israel is currently facing several challenges through the international legal system. The ICJ has also been hearing a South African case that accuses Israel of genocide in Gaza. And the prosecutor of the International Criminal Court has requested arrest warrants for the Israeli prime minister Benjamin Netanyahu and his defense minister Yoav Gallant.
John Reynolds, a professor of law at Maynooth University and the author of Empire, Emergency, and International Law, joins Long Reads to discuss these developments. John previously spoke to us back in January after the ICJ gave its first response to the South African genocide case.
Also see recent investigations into Israel's covert war on the ICC at +972and The Guardian.
Long Reads is a Jacobin podcast looking in-depth at political topics and thinkers, both contemporary and historical, with the magazine’s longform writers. Hosted by features editor Daniel Finn. Produced by Conor Gillies, music by Knxwledge.
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